SCRABBLE DIGITAL SERVICES AGREEMENT
Last Updated: November 29, 2012
1. Scope of Agreement
This Digital Service Agreement ("Agreement") governs the purchase and/or grant of Scrabble Coins, credits, points or any of our other virtual currencies (each individually or collectively referred to in this Agreement as "Scrabble Virtual Currency") and any of our products and services through which you can purchase or use Scrabble Virtual Currency ("Scrabble Services").
If you reside in the United States, Canada or Japan, this Agreement is between you and Electronic Arts Inc. If you reside in any other country, then these terms are an agreement between you and EA Swiss Sarl. Please see below for contact information for Electronic Arts Inc. and EA Swiss Sarl. In this Agreement, the term "you" means you the customer; and the terms "EA", "we", "us" and "our" means either Electronic Arts Inc., or EA Swiss Sarl, whichever is applicable to you.
This Agreement supplements the EA Terms of Service. The EA Terms of Service can be found at the bottom of all EA hosted websites and by typing "http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/" in your browser. Please print out copies of these documents for your records when completing any purchase of Scrabble Virtual Currency. If there is an inconsistency between the EA Terms of Service and this Agreement, the terms of this Agreement will govern your purchase and use of Scrabble Virtual Currency.
By selecting the "I have read and accept this Digital Services Agreement" checkbox below, you accept the terms and conditions of this Agreement and agree that your use of Scrabble Virtual Currency, Scrabble Services and all related content is subject to this Agreement.
2. Revised Terms
EA may revise this Agreement at any time and the revisions will apply to all subsequent purchases of Scrabble Virtual Currency and the subsequent entitlements to content that you receive by using Scrabble Virtual Currency. When EA revises this Agreement, we change the "Last Updated" date above. Each time you purchase Scrabble Virtual Currency you agree that you will review the terms of this Agreement. If you do not agree to the changes, you should stop using Scrabble Virtual Currency as well as the Scrabble Services.
3. Account Registration
If any of the Scrabble Services require you to open an account ("Account"), you must complete the registration process by providing EA with current, complete and accurate information (which may include your email address) as prompted by the applicable registration form. You will also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by EA), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement or the EA Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify EA immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). EA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by EA or another party due to someone else using your account or password. You may not use anyone else's account at any time. Where the Scrabble Services utilize the account management of a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
4. Scrabble Virtual Currency License
By purchasing or otherwise obtaining Scrabble Virtual Currency, as set out below, you obtain a limited license to access and select from content that EA expressly makes available as part of the Scrabble Services (the "Scrabble Content"). Scrabble Virtual Currency has no monetary value and does not constitute currency or property of any type. Scrabble Virtual Currency may be redeemed for Scrabble Content only. Scrabble Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Scrabble Content. Scrabble Virtual Currency is non-refundable. You are not entitled to a refund for any unused Scrabble Virtual Currency. Any Scrabble Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any monetary value, but instead constitutes a measurement of the extent of your limited license described above.
5. Scrabble Virtual Currency Term
The term of your Scrabble Virtual Currency license starts when you purchase or otherwise obtain Scrabble Virtual Currency, as set out below, and, subject to this Agreement, ends the earlier of the second anniversary of the date of purchase or grant (as the context requires and applicable to each individual purchase or grant) or the day that your access to the Scrabble Services is cancelled, suspended or terminated as set forth in this Agreement.
6. Use and Expiration of Scrabble Virtual Currency
During the term of your Scrabble Virtual Currency license, you have the right to redeem Scrabble Virtual Currency for selected Scrabble Content. EA does not guarantee that any particular item offered as part of the Scrabble Services will be available at all times or at any given time. EA does not guarantee that we will continue to offer particular items for any particular length of time. EA reserves the right to change and update the inventory of Scrabble Content without notice to you. If you have not used your Scrabble Virtual Currency for twenty-four (24) months or more and your account has a Scrabble Virtual Currency balance, your Scrabble Virtual Currency shall expire and your account may be cancelled for non-use.
7. Scrabble Content
When you acquire Scrabble Content, you receive a limited license to use Scrabble Content for your personal non-commercial use with any specified permitted Scrabble Services that EA identifies from time to time. EA reserve all right, title and interest in Scrabble Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Scrabble Content license is limited to the intellectual property rights of EA in the Scrabble Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Scrabble Content. Once you have redeemed Scrabble Virtual Currency for Scrabble Content, that content is not returnable, exchangeable, or refundable for Scrabble Virtual Currency or for cash, or other goods or services.
8. Scrabble Virtual Currency Purchase Process & Promotions
Scrabble Virtual Currency can be purchased via the Scrabble Services. In addition, from time to time, in its sole discretion, EA may grant Scrabble Virtual Currency as a gesture of goodwill, as a reward to certain users, in connection with promotions, and/or as part of Scrabble tournaments, competitions, or sweepstakes.
To purchase Scrabble Virtual Currency, (i) follow the Scrabble Services instructions on the applicable website, (ii) sign into your Account if required (or create an Account if required), (iii) provide your billing information, and (iv) confirm the details of what you are purchasing and that you have read and accept this Agreement. To cancel your order at any time prior to completion of the order, click the "cancel" (or similar) button at the bottom of each purchase page on the applicable website.
By completing the Scrabble Virtual Currency purchase process (described below) you agree to pay all fees you incur plus all applicable taxes. In addition, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date).
Your submission of an order constitutes an offer by you to purchase Scrabble Virtual Currency at the price and terms stated in the order which will be accepted by EA upon delivery of the ordered Scrabble Virtual Currency.
9. Pricing
The price payable by you for certain Scrabble Virtual Currency (the "Price") is the price indicated on the applicable website for the Scrabble Services. When you purchase Scrabble Virtual Currency you agree to pay the taxes that EA assesses on your purchase. If you are resident in Europe, the Price includes any applicable VAT.
EA reserves the right to change the Price and specifications shown in relation to the Scrabble Services. If the price or specification published on the applicable website for the Scrabble Services is materially incorrect when you place an order for those products or services and you contact EA to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, EA will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, EA will provide you with a full refund for any amounts already paid by you.
10. Payment
You may pay for Scrabble Virtual Currency either by credit card or by using the services of any alternate billing and payment provider (such as PayPal, Trialpay, Paymo and PayByCash) that EA identifies on the applicable website ("Payment Method"). If you pay for Scrabble Virtual Currency by credit card, then you must supply your credit card details when you place your order. EA will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorized the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider's terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. The cost associated with accessing the Scrabble Services depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
11. Performance of the Contract
Scrabble Virtual Currency is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from EA, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase Scrabble Virtual Currency from EA, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.
12. Scrabble Virtual Currency Availability
Scrabble Virtual Currency may only be held by legal residents of countries where access to and use of the Scrabble Services is permitted. Scrabble Virtual Currency may be purchased or acquired only from EA through means we provide on the applicable website(s) or otherwise expressly authorize. EA reserves the right to refuse your request(s) to purchase and/or acquire Scrabble Virtual Currency, and EA reserves the right to limit or block any request to purchase and/or acquire Scrabble Virtual Currency for any reason.
13. Cancellation and Suspension
EA can cancel or suspend your access to Scrabble Virtual Currency, the Scrabble Services or your Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or the EA Terms of Service; or (b) if EA otherwise suspects fraud or misuse of Scrabble Services, Scrabble Virtual Currency, and/or Scrabble Content, or any other unlawful activity associated with an account membership registered to or used by you.
14. Termination of Services
You agree that EA may stop making Scrabble Virtual Currency and the Scrabble Services available, at any time, without any liability to you. If EA stops the Scrabble Services, we will provide at least thirty (30) days advance notice to you by email (if available) and/or by posting a notice on www.ea.com/1/service-updates.
15. Disclaimer of Warranties
THE SCRABBLE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. EA MAKES NO WARRANTIES WITH RESPECT TO THE SCRABBLE SERVICES, THE SCRABBLE CONTENT OR SCRABBLE VIRTUAL CURRENCY. TO THE EXTENT PERMITTED BY LAW, EA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EA DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE SCRABBLE SERVICES, ANY ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, "EA SERVICES") WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE EA SERVICES WILL BE CORRECTED, OR THAT THE EA SERVICES OR THE SERVERS THAT MAKE THOSE EA SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability
EA SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE EA SERVICES, THE SCRABBLE VIRTUAL CURRENCY, OR THE SCRABBLE CONTENT EVEN IF EA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EA'S AGGREGATE LIABILTY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR SCRABBLE VIRTUAL CURRENCY. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT LIMITS EA'S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY EA'S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. Reservation of Rights
EA reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or the EA Terms of Service. Our failure to enforce this Agreement or the EA Terms of Service in every instance in which it is entitled does not amount to a waiver of EA rights.
18. Electronic Contracting
You acknowledge and agree that by clicking the "purchase" (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with EA; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, EA may cancel your access to the Scrabble Services. If you do not consent to receive any notices electronically, you must stop using the Scrabble Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.
Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065.
EA Swiss Sarl, Place du Molard 8, 1204, Geneva, Switzerland.